Hong Kong Case Law: Decisions & Judgments

Topic

Measure of compensation

Legal area

Court

16 May 2016

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

Citation

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
Court

Court of Appeal
Case number

CACV119/2015

The Court held that the CFA measure of compensation stands but requires that market expectations and their uncertainty be assessed by reference to public information and reality and applied consistently to both the value with marine rights and value without marine rights; the Tribunal erred in treating the after valuation as carrying a different (effectively unitary) certainty and in construing 'godown' to include open storage for mid‑stream operations; the Tribunal also failed to account for the three‑month sub‑tenancy and accepted an agreed correction to demolition costs, so parts of the Tr…
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA15/1983

The Tribunal held that the statutory multiple of rateable value establishes only a minimum; reasonable compensation must reflect the tenant's actual loss measured by the value of the tenant's expected future use at restricted rent plus reasonable disturbance costs; past occupation or sentimental value is not compensable; sub-tenants receive an apportioned share of that loss. The Tribunal quantified tenants' interests by estimating profit rent and capitalising at 13% for defined periods and added disturbance allowances to reach the awards ordered.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT22/1983

The Tribunal held that the rateable‑value multiplier in s.53A(4)(a) prescribes only minimum compensation; reasonable compensation must instead compensate the tenant for actual loss measured by the value of his expected future use of the protected tenancy (capitalised profit rent) plus disturbance costs. Past occupation or sentimental value is not a monetary measure. Applying this method the Tribunal quantified each tenant's interest and disturbance and awarded specific sums.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA13/1983

The Tribunal held that the statutory formula based on rateable value applies only to minimum compensation; reasonable compensation must be the equivalent of the tenant's actual loss measured by the value of the tenant's expected future use of the premises (tenant's particular interest) plus reasonable disturbance costs; past occupation or sentimental attachment is not a monetisable measure of compensation; apportionment between principal tenant and sub‑tenant must reflect their respective interests.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA9/1983

The Tribunal held that s.53A(4)(a) prescribes only minimum compensation based on rateable‑value multiples; reasonable compensation is instead the tenant's actual loss measured by the value of expected future use of the protected tenancy plus an allowance for disturbance. Past occupancy or sentimental value is not a compensable measure. The Tribunal quantified loss by estimating profit rent, capitalising profit rent for the relevant period, and adding disturbance costs, and awarded specific sums to respondents accordingly.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT23/1983

The Tribunal held that s.53A(4)(a) minimum multiples of rateable value operate only as a statutory floor; reasonable compensation must be the equivalent of the tenant's loss from being required to give up a protected tenancy early — measured by the value of the tenant's expected future use (the tenant's particular interest, capitalised) plus an allowance for disturbance — and not by past occupation or sentimental attachment or by reliance solely on a rateable-value formula.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA10/1983

The statutory rateable-value multiplier in section 53A(4)(a) prescribes a minimum compensation only; reasonable compensation under section 53A(2) must be the equivalent of the tenant's actual loss from forced early surrender — measured by the value of the tenant's expected future use of the tenancy (capitalised profit rent for the relevant period) plus reasonable disturbance — and not by past occupation sentiment or an automatic multiple of rateable value.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA16/1983

The statutory rateable-value formula in s.53A(4)(a) prescribes only minimum compensation; reasonable compensation must instead compensate the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy (the tenant's particular interest) plus an allowance for disturbance; past occupation or sentimental attachment is not a monetary measure; sub-tenants receive apportioned shares of that assessed tenant interest.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA21/1983

Section 53A's prescribed multiples of rateable value constitute only a statutory minimum; reasonable compensation must be assessed by reference to the tenant's actual loss as the present value of the tenant's expected future use of the protected tenancy (capitalised profit rent over the relevant period) plus an allowance for disturbance; past occupation sentiment is not compensable and apportionment to sub-tenants is required but founded on the same valuation principles.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA12/1983

The statutory rateable-value multiplier in s.53A(4)(a) provides only a minimum guaranteed compensation; the proper measure of reasonable compensation is the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy (capitalised profit rent) plus reasonable disturbance costs; past occupation or sentimental value is not compensable; apportionment to sub-tenants is required but follows the same valuation principles.